Driving on a Suspended License in Illinois

Talk to a Criminal Defense Lawyer

Speeding tickets, delinquent child support
payments, and alcohol-related offenses are just some of the reasons that
Illinois residents may find their driver’s licenses suspended or
revoked. In general, a suspension means the state has temporarily
withdrawn your privilege to drive. A revocation often means your license
has been terminated. If you drive while your license is suspended or
revoked, you risk being charged with a serious crime.

Reasons for Suspension or Revocation

Your license may be suspended or revoked for a range of reasons in Illinois, such as if you:

have been convicted of three or more traffic offenses within 12 months

are repeatedly involved in motor vehicle collisions

cause an accident that results in injury or death

drive with a suspended or revoked license

are convicted of fleeing a police officer, and

are
convicted of certain offenses that occurred while you were in control
of a vehicle, including certain sex crimes and drug offenses. (625 Ill.
Comp. Stat. § 5/6-206.)

In addition, license revocation is mandatory for certain offenses, including:

reckless homicide if a vehicle was used in the offense

driving under the influence of alcohol

commission of a felony if a vehicle was used, or

leaving the scene of an accident involving death or injury (625 Ill. Comp. Stat. § 5/6-205.)

Your license may be suspended if you fail to
pay a certain number of parking tickets or traffic violations, or fail
to pay or evade a certain number of tolls. (625 Ill. Comp. Stat. §§
5/6-306.5(a), 6-306.7(a).)

A license may also be suspended for reasons
unrelated to driving, such as if you are delinquent in child support.
(625 Ill. Comp. Stat. § 5/7-702(a).) Your license may be suspended or
revoked for many other reasons.

Reinstating Your License

The period of time your license is suspended or revoked may vary.
When your period of revocation or suspension has ended, you must pay a
reinstatement fee to regain your license. The fee will depend in part on
the reason that your license was suspended or revoked, and may range
from $70 to $500. (625 Ill. Comp. Stat. § 6-118(b).)

You may have to meet other conditions or pay other fees before you regain your driver’s license.

Charges for Driving After Suspension or Revocation

Driving while your license is suspended or revoked is a crime. You
may be charged with a petty offense, a Class A misdemeanor, or a felony,
depending on the circumstances of your charge. Your charge may be more
serious if you have previous convictions for driving after suspension or
revocation, or if your license was suspended or revoked for certain
reasons.

In many situations, you may be charged with a Class A misdemeanor. (625 Ill. Comp. Stat. § 6-303(a).) The maximum penalties for a Class A misdemeanor may include

a $2,500 fine, and

up to a year in jail. (730 Ill. Comp. Stat. § 5-4.5-55(a) and (e).)

Under certain conditions, you may be charged with a petty offense,
which is a less serious charge than a misdemeanor or felony. (625 Ill.
Comp. Stat. § 6-601.) It carries a maximum $500 fine. (625 Ill. Comp.
Stat. § 6-601.)

Under other conditions, you may be charged with a felony, the most
serious category of crime in Illinois. (625 Ill. Comp. Stat. § 6-303.)
Examples of reasons for felony charges for driving after suspension or
revocation include a specified number previous convictions and driving
while your license is revoked due to a conviction relating to reckless
homicide. (625 Ill. Comp. Stat. § 6-303(b) and(d-e).)

Fines for felony convictions may be up to $25,000. (730 Ill. Comp.
Stat. § 5-4.5-50(b).) Possible prison sentences for a felony in Illinois
may depend on the class of felony. Your sentence may be in one of the
following ranges:

for a Class 1 felony, between four years and 15 years

for a Class 2 felony, between three years and seven years

for a Class 3 felony, between two years and five years, and

for
a Class 4 felony, between one year and three years. (730 Ill. Comp.
Stat. §§ 5-4.5-30(a), 5-4.5-35(a), 5-4.5-40 (a), 5-4.5-45(a).)

In general, sentences may not indicate the
amount of time you are required to actually serve in jail or prison.
Instead, they may reflect a sentence that will be suspended while you
are on probation.

Minimum Sentences

In some situations, you may face a minimum sentence. For example, if
you are convicted of driving after suspension or revocation, and the
reason for the loss of your license was a reckless homicide conviction,
you may face a minimum sentence of 30 days in jail or 300 hours of
community service. (625 Ill. Comp. Stat. § 6-303(b-5).)

If your license is suspended or revoked for certain other violations,
including driving under the influence, you may face a minimum sentence
of 10 days in jail or 30 days of community service if you are convicted
of driving after suspension or revocation. (625 Ill. Comp. Stat. §
6-303(c).)

Legal Help for Driving After Suspension or Revocation Charges

If you are charged with driving after suspension or revocation in
Illinois, you should consider hiring an attorney. A conviction could
result in steep fines and even jail time. Your ability to keep
employment, go to school, retain insurance, and do many other things may
be affected. While the law provides maximum and sometimes minimum
sentences, if you are convicted your sentence will be shaped in part by
the view that your local prosecutors and judges have of the crime. An
attorney who is familiar with these cases in your area will be able to
advise you about your specific situation.